Los Angeles daily herald., 1887-09-18
DAILY HERALD,
GORMELEY'S CASE.
Held to Answer in $1,000
Bail.
HIS HABEAS CORPUS CASE.
Judge 0'Melveney Refuses to
Send Him Back to
Mexico.


Send Him Back to
Mexico.
The announcement that Tom Gorme
ley, the fiend who ravished littl
Maggie Switzer, would endeavor t,
escape his just dues by means of ;
writ of habeas corpus, attracted ;
large assemblage in Judge O'Mel
veny's Court yesterday morning, ano
there was quite an interest taken IL
the appearance of the brute, who was
in Court under the guard of Deputy
Sheriffs Cruz and Cooney. Gormeley
was represented by Fred. McGregor
who relied on having Gormeley taken
back to Mexican soil by order of the
Court but who was disappointed al
the ruling of Judge O'Melveny.
Assistant District Attorney George
Denis, aided by Henry I. Gage, rep
resented the State.
The first witness examined was
Deputy Constable Henry w. Johnson
who testified in substance as follows
"When l got warrant for Gorme-
Lewis arrest l went to the canon back
of Lamanda Park. l could not find
him and came back. l then got a
clue that he was in Lower California.
I went down there to find out what
there was in it, and found Gormeley.
l notified Mr.. Aguirre and he went
down. | did not see Gormeley to
speak to him that time. Aguirre and
another man came down and we ar
rested Gormeley, either on the 9Th or
9TH of September, on American soil,
in San Diego county, California. l
did not arrest him on Mexican soil,
and first saw him sixteen miles north
of Ensenada. Aguirre, man named
CSta and myself were riding in a
wagon. We had stopped at house,
fed the horses and eaten dinner. We
were Just driving away when l saw
Gormeley and another man coming
toward us, down the road, riding in a
wagon. told Aguirre it was Gorme-
ley. Aguirre drove our team by him
and up the road. He then got out
and walked down to where Gormeley's
companion had put up his team. He
talked with Gormeley. 1 don't know
what was said. Gormeley and Aguirre
then walked back to our wagon and
Gormeley got in. We drove off and
over the line, when Gormeley was
placed under arrest by Aguirre. We
brought him here and locked him up
in the county jail"
Martin G. Aguirre, captor of the
ravisher, was then called and testified.
Eyes, sir, arrested Tom Gormeley,"
said Aguirre in response to question
addressed to him by Mr.. McGregor.
'I arrested him in San Diego county,
several miles this side Of the line. l
first met Gormeley about sixteen miles
this side of Ensenada, in Lower Cali
fornia. Yes sir, / had an alias war
rant for the man and went down there
to see if l could find him. l found
him in the road at the place l have
told you. l jumped out of wagon in
which l was riding and invited him to
ride with me. He accepted laugh
ingly) and we rode over the Mexican
line to San Diego county, and
then l arrested him. He asked me
if had a warrant, and / said yes |
have.'' He wanted to see it and l
showed it to him. l had him safe and
let him read it."
Carleton Kemp, an Express reporter
was next called. Mr.. McGregor asked
witness whether Aguirre or Johnston
had not told him that they had ar
rested Gormeley in Mexico. Witness
replied that he had not taken the
statements of either officers for pub
lication. That Aguirre and johnson
had, in conversation with witness, re-
lated the circumstances of Gormeley's
arrest, substantially as they had re-
lated them on the witness stand.
Mr.. Gage submitted, as antagonistic
to the submissions of Mr.. McGregor,
that Gormeley's very applying for a
writ OF habeas corpus had placed him
within the jurisdiction OF the court:
That had Gormeley been kidnapped
and forcibly conveyed off Mexican
territory, his arrest, as admitted by
Martin Aguirre, on United States soil,
was legal, and that he was a proper
subject for the court to try.
Mr.. McGregor contended that Gorm-
lev had been illegally abducted. That
he had not been legally extradited,
and that under United States Su-
preme Court decision, he should be
returned whence he came.
Mr.. Denis thought Gormley's s proper
remedy was at law against his alb
ductors, if he was abducted, and that
he was legally before the courts Of this
State to answer for his crime.
Upon Judge O'Melveny stating that
proof or charge Of alleged crime would
be admissible, Henry T. Gage at once
answered: "You shall have it, your
Honor, at once"
Maggie Switzer was called, and
when asked, "Do you swear to tell
the truth, Maggie?' the little girl
said, eyes, SIR" .
stNow, don't cry, Maggie" said MIR:
Denis, "we are not going to hurt you.'
"Naggie, how old are you?"
"I am 10, SIR"
"Now, Maggie, look; do you know
that MANI"
eyes, sir"
"Who is he, Naggie?" asked the
lawyer.
"Tom Gormeley, sir" said the girl.
Mr.. McGregor here strenuously op-
jected to witness being questioned.
Mr.. Gage said he had nothing more
to ask, and invited MIR. McGregor to
cross-exami Maggie. :,
This concluded the testimony and
Judge O'Melveny decided to dismiss
the writ and hold the prisoner.
THE EXAMINATION.
The examination before Justice Ia
ney at 2 O'Clock in the afternoon was
held with closed doors.
Mrs. Curtis, the first witness, testi-
fed as follows:
"My name is Mary Curtis; / go out
working by the day; do washing, and
work in laundry. I am mother OF
little Maggie Switzer. know CORN
eley.. am sorry l do. knew him
as a partner Of Mr.. Mueller in the
caflon. Isaw him in July last. en-
trusted my daughter to his care. He
was at the gate that day; he said he